Terms of Service

FilesMonster.com

Using FilesMonster. Only individuals and corporate entities with appropriate legal status required to enter legally binding contracts in compliance with applicable legislation can use the services provided by FilesMonster. By using FilesMonster the Client confirms that he/she has right to conduct private business and enter binding contracts in compliance with applicable legislation (during the period of the validity of the present Agreement), that he/she is not a FilesMonster competitor, and that he/she is over 18 years of age.

FilesMonster Services. FilesMonster offers its services to the Client on condition that the Client agrees to follow the rules set forth by the present Agreement.

The Client (you) is an individual or a business, including its employees and agents, that use(s) or will use the services provided;

When we have successfully processed your payment, we will get premium membership. We will notify you by displaying the success confirmation message and send you an email with login information. If we have difficulty processing your payment, we will show you corresponding notification.

You have to secure a copy of your transaction.

FilesMonster Online reserves the right to modify and/or cancel any and all of the services.

Ownership and Rights. You confirm that all content (except for content uploaded by users) shown on this web site including any information, documentation, goods, logotypes, images, sounds, GUI elements, software and services offered by FilesMonster or any third parties, developers, suppliers (further referred to as Agents), belong to FilesMonster and/or such Agent(s). Web page elements are copyrighted and cannot be copied or rendered completely or partially on other web sites. FilesMonster, the FilesMonster logotype and other items mentioned in the present Agreement are copyrighted by FilesMonster and can be registered within certain jurisdictions. Other product names, company names, symbols, and logotypes can be trademarks of their corresponding owners.

Client Information. The Client is required to give FilesMonster correct, exact and full information about themselves while filling in the registration form. The Client agrees to update their information when needed and make sure it is correct, exact and full. The Client agrees to receive service news, information about new services and special offers by FilesMonster. If you provide wrong, inaccurate, old, or incomplete information, FilesMonster reserves the right to suspend or cancel your Account and/or the present Agreement.

Client Account.

Authorized users. A person can be empowered to act on the Client’s behalf and have the right to use the services provided, on condition that the aforementioned person(s) have the right to enter into binding contracts on behalf of the Client. The Client acknowledges and confirms that such person(s) have the required legal status.

Access responsibility. The Client is responsible for all and any attempts to access and/or use the Services (including all activity and transactions) associated with their Account, except for cases when the Services were accessed and/or used without Client authorization as the result of FilesMonster negligence. The Client is solely responsible for authorizing other Users to access the Services under the Client’s account.

Responsibility for users identification and passwords. The Client is responsible for the security and confidential storage of the credentials required to access their Account (account ID and password). The Client shall be held responsible for any and all activity carried out under their Account.

Consensual transfer of login and password of a Premium account. The Client agrees that consensual transfer of login and password required to access a Premium account to others is a direct violation of the rules set forth by the present Agreement. FilesMonster reserves the right to suspend or cancel the Premium status of the account found to violate these rules.

Notification about unauthorized usage. The Client must immediately notify FilesMonster in case a misuse and/or unauthorized access of their Account was detected. This notification must include information about any activity the Client did not carry out, including order IDs placed fraudulently, or any other abuse information.

Client Content and Security. The Client is responsible for the security of any and all information and content that they store with FilesMonster. The Client controls the information and content they have uploaded via a uniquely generated link. FilesMonster recommends backing up Client content regularly. The Client shall be the one responsible for any lost and/or damaged content. The Client agrees to store their information in accordance with applicable legislation. FilesMonster will delete Client's content after the validity period of the present Agreement expires. FilesMonster reserves the right to store Client's content in its archives after deletion, and has no duties and/or obligations to the Client for storing such content.

Special circumstances. FilesMonster will provide Services and information/content access to an Authorized person (Authorized agent) appointed by the Client. Such Authorized person is to provide FilesMonster with a notarized letter containing assurance of authenticity, power and duties necessary for usage of the FilesMonster services. The Client hereby agrees that FilesMonster can rely on this letter in granting access to Services and/or the Client’s Account. FilesMonster shall not be held responsible before the Client or any third party for any circumstances arising out of any activity of such Authorized person(s).

Allowable Usage. You agree not to use FilesMonster services with the purpose of:

Uploading, distributing, emailing or making available in any other way content that contains and/or is related to terrorism, racial or religious hate speech, violence or death, bestiality, and incest. Content that violates these guidelines may be reported to law enforcing authorities.

Harming underage individuals in any way, including underage erotica. In case of violation the Client will be permanently banned from using FilesMonster. Content that violates these guidelines may be further reported to law enforcing authorities.

Uploading, distributing, emailing or making available in any other way content that violates any patent, trademark, trade secret, copyright, intellectual property, or other rights.

Illegality. FilesMonster does not endorse and does not allow web sites that contain illegal content. FilesMonster does not allow illegal or offensive content or information that promotes illegal activity, such as gambling, illegal sale of weapons, illegal sale of drugs, or violating other laws.

FilesMonster reserves the right to immediately cancel your Account and/or any related transaction(s) that violate(s) the present Agreement.

In case violation of the present Agreement is found, FilesMonster is committed to assisting the law enforcement and government bodies in gathering the information about the responsible Client, the Client’s web site, any illegal or offensive content posted by such Client, as well as information on other individuals who may be involved in dissemination of illegal content.

Criminal behavour. The Client must not commit or allow criminal or destructive activity, including, but not limited to publishing offensive, scandalous, or private information related to any person or entity without consent from such person or entity.

Access and interference. Hacking attempts directed at the FilesMonster, or attempts to influence the ability to provide FilesMonster services is strictly prohibited and will be grounds for further prosecution. Such activity includes but is not limited to the following:

Unauthorized access to FilesMonster services that includes attempt to test or disrupt system availability and attempts to hack into security system of FilesMonster.

Invasion of the process of delivering Services to other Clients or users that include, but are not limited to flood routing, denial of service, or attempts to overload the system in any possible way;

Usage of any hardware, software, or code to disrupt the process of making Services available to other Clients;

Any activity that damages the infrastructure of FilesMonster.

Client is not allowed to decompile, disassemble, reconstruct or in other way access the source code of any and all FilesMonster components and systems including utilities, methods, processes and infrastructures.

Violating intellectual property rights and trademark laws. FilesMonster services can be used only for legal purposes. Storing and distributing any content that violates copyright, intellectual property or other laws, including export regulations, is strictly prohibited. This includes without limitation content protected by licenses, copyrights, trademarks, trade secrets and other intellectual property rights. The Client must obtain permission from the owner in case of using content not explicitly allowed for public distribution is used. Your using of the FilesMonster services explicitly indicates that you are the rightful owner of all content you store and publish, or the owner of license(s) required to store and distribute such content. You also declare and guarantee that your content does not violate any trademarks and rights of other parties. FilesMonster reserves the right to immediately stop or finish transaction, that to FilesMonster mind breakes this Agreement, or any law or resolution.

Abuse of system resources. The Client undertakes to not abuse FilesMonster system resources, including without limitations usage of content leading to excessive CPU power or memory consumption, or consumption of other resources. Resale of access to the content available on FilesMonster servers is also prohibited.

Other activity. FilesMonster reserves the sole right to decide what is harmful for the activity and/or reputation of its Clients. This includes preventing and cancelling any activity that limits or prevents access of other Clients to the Services provided by FilesMonster. Please notice that in case any account and/or content breaches any of mentioned above rules, FilesMonster reserves the right to cancel any related accounts and remove all content from its system. If necessary, FilesMonster will take legal action. FilesMonster will assist law enforcing bodies in investigating and prosecuting such activity.

Please use this email to submit your abuse complaints about any users and/or content: crabuse@filesmonster.com. After reviewing a complaint, we reserve the right to suspend and/or cancel any accounts involved.

Warranty Disclaimer. You understand and agree that:

You use FilesMonster at your own risk. FilesMonster services are provided as is and are subject to availability. FilesMonster and its representatives, to the legally allowed limits, relieve themselves of any and all liabilities and warranties, including legal guarantees, fitness for particular purpose, commercial aptitude and guarantee that no third party rights are violated. FilesMonster and its representatives do not guarantee accuracy, reliability, completeness, or timeliness of the Services, software, or content.

FilesMonster does not guarantee that:

Services will meet your demands;

Services will be provided continuously, in a fast manner, effectively, and without errors;

Services will be efficient and yield predictable results;

Quality of any product, service, information or other content that you obtain through FilesMonster services will meet your expectations;

Any software errors will be fixed.

Risks. Any downloaded content or content you obtain in any other way through FilesMonster is to be used at your own discretion and risk. You are solely responsible for any loss and/or damage that may be done to your systems as the result of downloading and using such content.

Guaranties. No information or content in any form that you obtain using FilesMonster implies a warranty, except explicit warranties given in the present Agreement.

Responsibility relief. You agree to relieve FilesMonster, its branch offices, management, employees, and agents from any and all responsibility for any complaints and demands related to the Services, or to your violating of the present Agreement or other FilesMonster policies, statements and terms. You agree to compensate for all the damages including legal fees.

Responsibility limitation. You use FilesMonster services at your own responsibility. If you are not satisfied with any aspect of the Services provided under the present Agreement, you have the right to stop using FilesMonster at any time. You are agree to not hold FilesMonster responsible for any direct, indirect, side, or penal damages, including damages arising from lost profit, lost reputation, lost information or content, or other non-material, even in situations when FilesMonster was notified:

Using the Services or being unable to use them;

Charges for goods or services obtained while using FilesMonster;

Unauthorized access or changes to your information or data;

Third party activity;

Any other event or activity related to your using FilesMonster.

Modifications to Terms and Conditions. FilesMonster reserves the right to modify the present Agreement at any time. FilesMonster also reserves the right to modify or suspend any Services, with notification or without it, for any period or indefinitely. You hereby agree that FilesMonster does not have any obligations to you or any third part for any modification, suspension, or cancellation of any Services. You admit that FilesMonster can set general rules and limitations of usage, including maximum size of disk available to Clients in the FilesMonster system, and maximum number of connections (and their maximum duration) to FilesMonster servers during a certain period of time. You agree that FilesMonster has the right to modify its pricing with or without prior notice. Modified prices come into effect after your current subscription expires.

Cancellation. FilesMonster reserves full rights to warn, cancel, or ban any Client from using its Services. Client accounts may be deleted and further provision of Services may be refused in cases when:

FilesMonster has reasonable grounds to believe that the Client violates the present Agreement or any other FilesMonster contracts or instructions;

Client owes payment to FilesMonster;

FilesMonster can not verify the identity of the Client;

FilesMonster has reasonable grounds to believe that Client activity can lead to legal proceedings for the Client as well for FilesMonster and/or other clients.

FilesMonster has the right to stop providing Services or parts of it with prior notification or without it. You agree that your access to any and all Services can be cancelled at any time without prior notification. You also agree that FilesMonster has the right to deactivate, archive or delete your account and all the information and data related to it and/or refuse to give access to the above mentioned data and/or Services. You agree that FilesMonster is not responsible to you or any other third part for stopping your access to Services.

In case breach of the present Agreement is found, all Client rights and privileges set forth in the present Agreement, including FilesMonster obligations, are immediately voided.

Paragraphs valid after cancellation. Paragraphs:

6. Client information

8. Warranty Disclaimer

and this Paragraph

remain in effect after the Agreement no longer in effect.

If some information is found to be invalid, other provisions of the present Agreement continue to act in full. Titles of paragraphs of this Agreement are used for convenience only and in no way determine, limit, explain, or describe the scope of the Agreement point. If FilesMonster cannot take measures the necessity for which arises from breach of the present Agreement by the Client, this does not deprive FilesMonster of its right to take measures in similar circumstances. Any demand or legal action made or taken by the Client related to any paragraph or rule of the present Agreement must be started during 12 months from the moment the reason for the demand or legal claim arises.

Legal relationship. he Client and FilesMonster shall be seen as independent contractors. This Agreement does not include and create such forms of legal relationship with the Client as institution, company, joint venture, and similar types of relationships.

Transmission of rights. According to the terms of this Agreement, Client does not have the right to pass any of their rights or transmit their obligations to other parties. Any attempts to transmit any rights or obligations shall be seen as having no legal effect.

Force majeure circumstances. Our Services may be interrupted by factors outside of our control. We are not responsible for any delays or impossibility to offer any Services resulting from direct or indirect factors outside of our control (force majeure).

Interpretation. If any provision of the present Agreement is seen as invalid, this provision must be voided with minimal damage to the interests of the contracting parties, and other provisions of the Agreement shall remain in full effect. Titles of paragraphs of this Agreement are used for convenience only and in no way determine, limit, explain, or describe the scope of the Agreement point.

FilesMonster Information confidentiality. You declare and guarantee to FilesMonster that:

You are not a FilesMonster competitor;

You undertake not to give away any information and not to make available any content obtained through FilesMonster;

You undertake not to use the information obtained through FilesMonster and FilesMonster services for the purpose of competing with FilesMonster.

Exceptions. This Agreement shall govern and describe all interaction between you and FilesMonster, with the addition of other information published on the website of FilesMonster.

Copyright

FilesMonster.com complies with industry standards in the fields of copyright law including Intellectual Property Rights. We promptly respond to claims of copyright infringement reported to our abuse department.

FilesMonster.com takes all feasible measures to comply with applicable copyright legislation and standards.

Without distinct Copyright owner's notification FilesMonster.com has no authority to make judgment if the Content is used under fair use, etc. Any Content is considered as consistent with User Agreement unless otherwise notified by Copyright owner or any other authorized person in each particular case.

If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Report File page for information on how to make a claim.